The Grenada gazette. (Grenada, Miss.) 1885-18??, 1887-02-12
TRIAL BY JURY.
Sketch Of It's Origin and Effect in
England.
Magma Charta and the Bulwark of Her
Observation-Disclosures With ''Battle.
~right"-Orlgin and Present
Practice Of Jurics.

lawn V"' 'O I ~ wv
began to take form in this country,
trial by jury, Or some process tanta-
mount thereto, has been an inherent
part of English Jurisprudence. We
have never parted with it. VIZ have
bot seriously changed its condition.
In principle it is retained in its original
Simplicity; and its value and antiquity
are admitted by all those writers who
have dealt with the subject. Its reten-
hon is jealousy, and even peremptorily,
insisted on in Magma Charta. That it
has been occasionally abused has not
diminished the admiration for it, and
fime but confirms the judgment Of our
Early legal commentators in describing
t as the bulwark Of II liberties. The
Norman attempt to substitute for
trial by battle is at once a
proof Of the part it played far back in
fhe national existence and of its
bold upon the English mind. II was
fery soon found that trial by battle
vas neither a safe nor a fair way of
getting at the guilt or innocence of an
Pccused party. 1t stDms, however, to
have been used in criminal and civil
bases and in military trial. The pro-
eess was somewhat peculiar. In a Ease
Pf felony, the accused was at liberty to
Lollow up his plea of not guilty with a
declaration of his readiness to make
good the same with his body in fair
hglt against the prosecutor. This be-
ng done, the court would appoint a
fame and place for the battle, and it
gas provided that the night before the
lay of battle both parties should be
(rraigncd by the marshal and brought
INTO the field before the justices of the
eourt where the appeal was depending,
Then at the rising of the sun they were
o appear bare headed and bare
egged from the knee downward,
md bare on the arms to the elbow,
Prmed only with bastons an ell long
nd four cornered targets; and before
hey began the contest they had to
nake oath that they had neither eaten,
or drank, nor done any thing else by
Which the law Of God might be de-
Pressed and the law Of tho devil exalt-
NJ. The combat then began. Ii the &C
used were v~anquished so that he could
OF or would not fight longer, it was
g,lthin the power Of the court to order
I'm to be hanged Immediately. If,
loweycr, he could maintain the fight
III twilight, judgment was to be given
his favor. If, on the other hand, the
rosecutor became a ''crying coward"
nc accused could recover damages and
aight plead his acquittal. There was
DIS element Of fairness in the proceed
ns' that If the prosecutor by
we or otherwise was unable to wage
attic, the defendant would DO com-
(eled to put himself upon his country,
0 champions being allowed in crimi-
al cases. At the best, however, the
vstem had neither justice o equity
commend it, and It is not surprising
lat trial by jury held its own against
Inc origin Of this "bulwark Of our
oertles' has never been clearly ascer-
alned. 1t has been attributed To the
treeks. 1t was in principle exercised
ancient Rome, where q criminal
'ai was conducted before a presiding
l,dgc and u body Of selected citizens
nose functions 1t was to determine
pe guilt or innocence of the accused,
nd who could exercise also the pre-
psative Of mercy. Some writer's claim
aal the system was In use among the
Pr'.ons, and there is very little doubt
AT in substance It was prac-
ecu In the time Of Ethelred. In
orsyth's History Of Jury Trial"
= are told that In the Anglo-Saxon
courts were presided ' @ by .
ceve, who had no yo!ce In the decis.